Third Parties and Attorney-Client Privilege: Common Interest, Functional Equivalence, Waiver
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss significant exceptions to third-party attorney-client privilege waivers, including the Kovel doctrine for third-party consultants, the common interest doctrine, and the functional equivalent doctrine. The program will address the scope and applicability of these exceptions, including the steps counsel can take to leverage these exceptions, and case law developments regarding third-party attorney-client privilege waiver exceptions.
- Kovel doctrine and third-party consultants
- Common interest doctrine
- Functional equivalent doctrine
The panel will review these and other noteworthy issues:
- What evidence supports the functional equivalent test to allow privileged communications between attorneys and non-employees of the company?
- What steps can companies in a joint venture take to meet the common interest exception to a third-party waiver of the attorney-client privilege?
- What is the applicability and scope of the Kovel doctrine conferring privilege on confidential information provided by third-party consultants and professionals?
Patricia E. Antezana
Ms. Antezana focuses her practice on general litigation, including commercial matters, business torts and product... | Read More
Ms. Antezana focuses her practice on general litigation, including commercial matters, business torts and product liability defense, with a specialty in managing e-discovery issues. She has been involved with all phases of litigation, including management of large-scale discovery, dispositive motions, trial preparation and alternative dispute resolution. Ms. Antezana has coordinated electronic and hard copy record collection and managed large-scale review projects in numerous complex litigation matters.Close
Brian C. Spahn
Godfrey & Kahn
Mr. Spahn’s practice focuses on complex commercial litigation and white collar defense and internal... | Read More
Mr. Spahn’s practice focuses on complex commercial litigation and white collar defense and internal investigations. He has handled banking and financial services litigation, antitrust, insurance, employment and trade secret misappropriation matters, as well as managed complex class action defenses. Mr. Spahn is a frequent author and lecturer on attorney-client privilege, among other legal topics.Close